Empowerment and Protection - Stories of Human Security Oct. 2014 | Page 68

MEXICO

Conclusion
and recommendations

POPULATION

As the perspectives here demonstrate, many citizens view impunity,
corruption, the presence of de facto powers outside the law, and
human rights violations as the main obstacles to improving human
security in Mexico. From a ‘top down’ perspective, institutions,
procedures, and rules face several challenges in adequately
protecting citizens from threats to their safety.

the enactment of the National Code on Criminal
Procedures, an important instrument needed to
enable the new criminal justice system.
It is important to note that these legislative
and judicial reforms were widely promoted
by social movements, experts and civil society
organisations. Thus, civil society played a
significant role in influencing public policy and
promoting a more human approach to security
challenges in Mexico.

participation are necessary for legitimate security
policies because they promote resiliency and
accountability.

Since the federal administration changed in 2000,
several key institutions have been reformed. Those
reforms intended to promote a more democratic
and transparent regime capable of decreasing
impunity. President Calderón’s administration made
(WORLD BANK 2014)
significant institutional changes to reduce violence.
In 2008 the Constitution was reformed, deeply
Impunity is a key challenge to building a peaceful
changing the criminal procedures and courts in
social environment and trust in public institutions.
order to promote a greater access to justice, the
For example, the public prosecutor agencies solve =10.000.000
presumption of innocence, and the respect of
only 13 percent of the preliminary investigations
human rights.14 In 2011, a constitutional reform
initiated.11 In 2011, less than 20 percent of
reported murders were solved.12 The failure of
on human rights was approved, which recognised
the pro homine principle, and the preeminence of
the state to enforce the rule of the law generates
international treaties on human rights.c
even more illegal behaviors. As one interviewed
community member said, “impunity is an incentive
In 2012, President Peña Nieto announced
to act outside the law.” De facto powers, both
a new security strategy, summarised in the
criminal and official, that act above the law,
‘National Development Plan 2013-2018’ and the
further weaken the ability of institutions to deter
government-opposition ‘Pact for Mexico’. Among
crime. Impunity is closely related to concerns
the government’s new priorities are strengthening
about corruption and the lack of transparency
the legal framework on the rights of victims,
and accountability. Interviewees from different
implementing changes in the new criminal justice
sectors agree that corruption is rampant in all
system, launching a new model of public security
levels of government. In a vicious circle, corruption
and law enforcement to create greater capacities for
and impunity feed crime and empowers de
investigating and prosecuting offenses, and creating
facto powers, all of which weaken government
a National Program for Crime and Violence
institutions.
Prevention.15
These failures of the state to guarantee human
2014)
security and human rights impact public
Experts and civil society interviewees highlight
confidence in government institutions. According
some key achievements of the first year of the
to México Evalúa, one of Mexico’s leading
new administration and the sessions of the Federal
think tanks, the rate of non-reported crimes has
Congress in 2013. As an interviewee stated, “the
increased in recent years. In 2004, it was 80
new government’s discourse is a little bit more
percent and in 2007 it increased to 87 percent;
open concerning human rights. Some measures
and in 2010 it reached 92 percent. Two out of
have been taken. For example, thanks to social
three people have little or no confidence in the
pressure the new government published the
police. Only 10 percent of respondents said they
Law on the Rights of Victimsd and appointed a
were very confident in the public prosecutors.13
Federal Prosecutor for Enforced Disappearances.”
Another example mentioned by interviewees is
This shows growing public mistrust of the
institutions responsible for providing security
and justice.
c The pro homine principle emphasises providing broad as opposed to

122.3 MILLION IN 2013

Continuing challenges

Although the new administration has made some
progress, academics and civil society members
continue to debate the depth of changes in the
national security strategy. While victims’ movements
have succeeded in getting the attention of the
President, their impact on policy has been less
evident, according to Ximena Antillón, “Thanks
to the strength and international visibility of the
movement, the government had to open a dialogue
with the victims. During these dialogues, the
President made a lot of promises; sadly, deep down
nothing changed. It was just a media strategy from
the presidency.”

POPULATION
DISTRIBUTION BY AGE
27,9%
18,1%
40,4%
7%
6,6%

0-14
15-24
25-54
55-64
65+

(INDEX MUNDI

GLOBAL PEACE
INDEX 2014

138
162

HUMAN DEVELOPMENT
INDEX 2013

Openings in government reforms

(IEP

71

The human security approach expands people’s
capabilities and freedom of development. From
this perspective, it is necessary that institutions
and public policies protect the security of all
persons through the rule of law and human rights.
Human security also emphasises the importance
2014)of empowering citizens. Democracy and citizen
(UNDP 2014)

68 stories of Human Security | Mexico

Continued human rights violations, the presence
of violent criminal organisations, and rampant
government corruption and impunity still threaten
human security. One interviewee said, “There is
no official strategy to tackle impunity, nor is there
any serious commitment to bring to justice those
responsible for the human rights abuses.” The
security and law enforcement apparatus still has
numerous deficiencies and lacks the trust of the
population, while the military operates without
proper civilian controls. The emergence of armed
civilian groups in different parts of the country also
represents a serious threat to human security.
At an institutional level, experts believe that
reforming the system of public security and
criminal justice, to ‘restructure the public security
institutions, transform the criminal proceedings
and professionalise criminal defense’, is still one of
the most important pending issues.16 Constitutional
reforms in 2008 called for a transition of the justice
system to an accusatorial system by 2016. Nearly six
years later, constitutional reform still lags. Reforms
to the public security system are also still pending,
especially those concerning the police and the prison
system. As long as this is the case, individual citizens,
civil society and social movements will continue to
seek to fill this gap – for better or for worse.

limited protections for individuals and human rights. The presumption of
innocence requires the state to prove defendants are guilty in court. The
constitutional reform also requires the Mexican government to abide by
international treaties on human rights.
d The General Law on the Rights of Victims was approved by chambers
of Congress in April 2012. After the general elections, the President sent
observations to the text approved by Congress, delaying the enactment of
the law; however, Congress considered that the period to send observations
had expired and ordered the law’s publication. The President filed a lawsuit
in the Supreme Court. The enactment of the law remained uncertain during
the lawsuit, until the new President, Enrique Peña, withdrew the lawsuit.

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The authors work for the Centro de
Colaboración Cívica (CCC), is a non-partisan,
non-profit civil society organisation that aims to
promote a culture for dialogue, collaboration,
and peaceful resolution of conflicts and to
enable processes that strengthen democracy,
sustainable development, and the rule of law in
Mexico. CCC is a member of the North America
network of the Global Partnership for the
Prevention of Armed Conflict (GPPAC) and of
Partners for Democratic Change International.

Recommendations
▪  ational and international organisations
N
such as the UN should help build and
strengthen an inclusive and pluralistic civil
society in Mexico. Civil society has a key role
in promoting a human security approach in
both social and official initiatives. Civil society
organisations help to strengthen the trust between
various stakeholders and empower citizens
and those affected by violence to participate in
policymaking. Mexico’s civil society is smaller than
that of other regions and needs greater support
and capacity building.  
▪  ivil society organisations should promote
C
pluralistic and inclusive spaces for multistakeholder dialogue and the construction of
agreements on violence reduction strategies
and national security policies. It is vital to
reinforce participation in productive multistakeholder dialogues in order to create spaces
for deliberation and coordination that foster
information exchange, generate new proposals,
and promote the development of collaborative
advocacy strategies. The complexity of roots
and causes of violence in the country cannot be
engaged from a single perspective or discipline.
T
▪  he government must allow for NGOfacilitated initiatives that engage citizens
in monitoring authorities’ implementation
of laws and policies. The government should
be accountable to the people through oversight
strategies such as publicised public opinion polling.
This would help ensure laws and policies are
implemented efficiently and transparently, as well
as with respect for human rights.
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